Probate of Will
Persons Eligible for Grant of Letter of Administration
Where the deceased was a Hindu, Muhammadan , Buddhist Sikh or Jain or an exempted person and has died intestate, the court may grant administration of his estate to any person, who according to the rules for the distribution of the estate applicable for in the case of such deceased would be entitled to the whole or any part of such deceased 's estate. When several of such persons apply for such administration, it shall be the discretion of the court to grant it to any one of them. When no such person applies, it may be granted to a creditor of the deceased.
Letters of administration entitle the administrator to all rights belonging to the intestate as effectively as if the administration has been granted at the moment after his death.
They however do not render valid any intermediate acts of the administrator tending to the damage of the intestate's estate.
For obtaining a letter of administration the beneficiary has to apply to the court. The court on receiving satisfactory proof of valid execution of the will issues letter of administration to the beneficiary. The application for letter of administration has to contain the following details:
- he time of the testator's death
- that the writing annexed in his last will and testament
- that it was duly executed
- the amount of assets which are likely to come to the petitioner's hands, and
- the petitioner is the executor named in the will